License Agreement

Summary

Note this summary is an overview of the complete license agreement. For detailed license information please see the detailed agreement below.

If you download any contents from Callouts.com you are agreeing to the License agreements stated below.

The Premium Membership files hosted on Callouts.com are Royalty-Free. This means that you can use the files for both your own personal as well as commercial projects.

The files cannot be given away, resold, or repackaged unless in substantially reworked form that adds a substantial additional value. For example, to put together videos and sound and repackage as a new product would be a violation of the license agreement.

Each Premium Membership allows one user to use the files on one computer. You cannot share the files in your organization but each user will need to acquire an individual membership.

For Sound files used in Television Broadcast, special condition apply, see details in license agreement below.

License Agreement

By downloading and using this Royalty-Free files from Callouts.com you agree to be bound by the following License Agreement

1. The License

This is a license, not a sale. SoftwareCasa ECS SL. (henceforth “SoftwareCasa”, owner of Callouts.com) continues to own all graphics, video clips, audio clips, photographs, music, sound effects, stingers, motion callouts, icons and other media content (“Stock Files”). Subject to your acceptance of the terms of this agreement (“License Agreement”) SoftwareCasa hereby grants to you a non-exclusive, non- transferable, worldwide right to use the Stock Files as follows: You may use the Stock Files for nearly any project, including feature films, broadcast*, commercial, industrial, educational video, print projects, multimedia, games, and the internet, as long as the Stock Files have been incorporated into any work with substantial value added by you. Thus, you could incorporate Stock Files in promotional materials, packaging, web page design, broadcast, products for sale, electronic and print publication, comps, and layouts.

* See (2) Limitations for special condition regarding usage of Sound files in broadcasts.

2. Limitation

The Stock Files may not be sold as stand alone clips/stock files, or included in any other media/stock product, library, or collection for distribution or resale. The Stock Files may not be used, in part or in whole, as a trademark or service mark, nor may you claim any proprietary rights of any sort in the Stock Files, or any part thereof. You may not make available some or all of the Stock Files on a web page or other display as a separate or downloadable reusable file, or disassemble, decompile, reverse engineer, translate, or otherwise decode the Stock Files for any reason whatsoever. If you provide Stock Files or Derivative Works to a client as part of your work product, the client may not reuse the Stock Files or Derivative Works for any purposes other than a review of your work product without purchasing a separate license.

The Stock Files may only be used or stored on ONE computer at any one time and only be used by ONE user.

USE OF SOUND FILES IN TELEVISION BROADCAST: If your production is scheduled for TV broadcast a cue sheet must be completed and submitted to the broadcaster. The track title, composer and duration must be listed. Royalties from public broadcast are paid by the broadcaster to the performance rights society. You are responsible for filing only.

3. Fees and Payments

In exchange for your usage of Callouts.com Stock Files as provided hereunder, you must have a registered Callouts.com Premium membership account at the time of downloading. This license applies to all files you downloaded during your subscription and remains in effect even after you cancel your account. (You may continue to use the clips you downloaded even after account cancellation, as described in this agreement.)

4. Copyright

SoftwareCasa, its Licensors and Contributors retain all right, title, and interest in and to the Stock Files not expressly granted by the License Grant above. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement.

5. No Warranty

SoftwareCasa makes no representation or warranty with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any Stock File, and you must satisfy yourself that all necessary rights, model releases, consents or permissions as may be required for your intended usage are secured. All SoftwareCasa Stock Files are provided “as is.” SoftwareCasa makes no representation or warranty either express or implied including but not limited to any implied warranties of merchantability, fitness for any particular use, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. Neither SoftwareCasa nor any of its directors, officers, employees, subsidiaries, affiliates, or agents shall be liable for any damages, whether direct, incidental, or consequential, or other damages arising out of the use of, or the inability to use, the Stock Files.

6. Remedy

SoftwareCasa’s limitation of liability and your sole remedy under the foregoing warranty, is a replacement of, or a full refund for your subscription to Callouts.com

7. Limitation of Liability

Under no circumstances will SoftwareCasa be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of A) the use of or inability to use the Stock Files or B) the inability to obtain additional rights to the images (including making additional copies) even if SoftwareCasa has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the Stock File, their representative, and SoftwareCasa, shall be the fee paid for the Stock File to SoftwareCasa.

8. Termination

The license contained in this Agreement will terminate automatically without notice from SoftwareCasa if you fail to comply with any provision of the Agreement. Your indemnity and payment obligations and SoftwareCasa’s rights in conjunction with those obligations shall survive any termination or expiration of this Agreement. The provisions of this paragraph are in addition to any other remedies and rights SoftwareCasa may have as a result of any breach of this Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein.

9. Integration

SoftwareCasa reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the region of Malaga, Spain. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse SoftwareCasa for its reasonable legal fees, costs, and disbursements if SoftwareCasa is successful in the suit. SoftwareCasa reserves the right to seek an injunction to prevent breach of your obligation to SoftwareCasa’s intellectual property rights. SoftwareCasa reserves the right to withdraw Stock Files from use at any time, for any reason.

10. General Provisions

If any provision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of the Agreement will not be affected. Your use of the Stock File(s) must be in compliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights. This license will expressly not be governed by the United Nations Convention on Contracts for the International Sale of Goods. No license for usage of SoftwareCasa’s Products is granted until payment in full for the Product has been received by SoftwareCasa. No failure of either party to exercise or enforce any of its rights hereunder will serve as a waiver of such rights. This Agreement shall be governed in all respects by the laws of the country of Spain, excluding its’ body of law relating to conflicts of law, and excluding the issue of copyright, including its validity, interpretation, performance, breach, or other matter. Any and all disputes arising under this agreement, with the above exceptions, shall be settled by arbitration pursuant to the rules of Spanish Arbitration. Judgment upon any arbitration award may be entered in the highest court having jurisdiction as provided herein. SoftwareCasa reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the region of Malaga, Spain. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse SoftwareCasa for its reasonable legal fees, costs, and disbursements if SoftwareCasa is successful in the suit. SoftwareCasa reserves the right to seek an injunction to prevent breach of your obligation to SoftwareCasa’s intellectual property rights. SoftwareCasa reserves the right to withdraw Stock Files from Callouts.com at any time, for any reason.